Skip to main content

tv   Dateline NBC  NBC  October 16, 2016 10:00pm-11:01pm PDT

tv-commercial tv-commercial
10:00 pm
>> and if you live in the santa cruz mountains, look at the forecast coming up, sunny weather. thank you for joining us tonight on nbc. bay area news will be back at 11:00. >> hope to see you then. when mexico sends its people... they're bringing crime, they're rapists. are you going to have a massive deportation force?
10:01 pm
you're going to have a deportation force. we're rounding 'em up in a very humane way, in a very nice way. we're going to build a wall. that's not america. we're all californians. i'm tom steyer. it's time to speak out. please, register. and vote. vote. nextgen california action committee is responsible for the content of this advertising. they prey on our children, spending billions. addicting 17,000 california kids each year.
10:02 pm
eventually killing one-third of them. now tobacco companies are spending millions to... defeat prop 56. because in every state that's raised tobacco taxes, smoking rates go down. so who are you going to trust? pediatricians, cancer groups and the califronia pta who all... support prop 56. or the tobacco companies trying to kill it. vote yes on 56. many claim to have faith. but how do we define it. it can't be held. it can't be sold. but it can be passed down. faith is invaluable to those who feel it. how is it that this belief can unite us regardless of our differences? it's because of conviction, that
10:03 pm
feeling inside that links so many from the far corners of the earth to the closest reaches of our neighborhoods. faith is all around us. >> everything hangs in the balance now. >> faith springs from a glorious path forward to a promising future. the faith that those who not so quietly defeated rivals can redefined record books would inspire their brethren of today to reach such epic accomplishments and all along there are those who cheer. in their mind they envision. in their heart, they believe. and because of that, they are simply known as "the faithful". my wife and i lost two sons, lance and kent when they were very young. we didn't talk about it at lot. whl when collin was drafted by the 49ers he called home and talked to his mother. mom, with one of my first checks
10:04 pm
i want to donate it to a charity. can you find me a charity. and he said one with heart donors. >> this is a story about heart, kids, and faith. three things that connected two families for life. enter kimberly gambino. >> we met in high school. his he played on the team i cheered for. everybody in our family were 49ers fans. i think one of the first outfits that our first born son had was a 49ers onsy from grandpa. we have always cheered for the 49ers. >> kimberly and her husband michael have been married nearly three decades and along with their sons they are the consummate family arc picture of love and unity. but this family like many have seen ups and downs sacrifices and struggles. those struggles for the gaminos
10:05 pm
were enormous and started in 1993. >> at the young i think a of 5 days old he underwent open heart surgery. he was born with half of a heart. when he was in the second grade he really couldn't keep up with his friends anymore at school. he was always exhausted. all of a sudden he became embarrassed because of the scar down his chest. we searched for a way to help him connect with other children with heart disease. we knew it was the number one birth defect. and we just -- you know, who is helping all these children? we couldn't find a program. so my husband and i started a medically supervised camp for children with heart decides. we serve children with congenital heart disease. they come for five days. they have lots and lots of fun. they do heart education classes. archery, itch swimming, camp fire skits and songs. normal camp kinds of fun. >> although the camp seemed normal in its activity, it was
10:06 pm
exceptional in his crusade. camp taylor, now in it's 15th year has been very successful. some of that success came by way of a phone call made by the mother of 49er quarterback callin chapter. >> i read about camp taylor in the modesto bee newspaper. and when collin asked if i would help him find a organization that worked with children with congenital heart defects i got on line and googled modesto area heart camp. it came up right away. from there i did more research and called kimberly. >> she told me her son was recently drafted by the 49ers and she was searching for a program because collin wanted to reach out and help children with heart disease. out of pure love for his family and compassion for children who suffered like the two brothers that he lost he turned around
10:07 pm
and did something about that. with his first paycheck from the nfl he made a contribution. he immediately decided to give back. >> that in itself blew us away. it was like oh, my gosh, he must have thought about this. >> i mean i think i probably turned around and cries because i was very, very touched. having lost two sons with congenital heart defects. they died as infants. it's 35, 36 years ago. anybody who lost a child will tell you you never to forget that. we never talked about that a lot. collin thought about that and how that had to do with our family dynamic. i was touched that this was something he wanted to do and support. >> camp taylor is part of the reason why i'm where i'm at today. the tragedy my parents went through two different times. that's the reason i chose camp taylor. it was the reason i was adopted by my family.
10:08 pm
it has great meaning to me. >> the meaner permeates the entire kaepernick family and those that benefitted from camp taylor's major contributions, including the camp's name make, taylor gamino. >> taylor is an amazing kid. i shouldn't say kid. he is an amazing friend. he is the reason camp taylor started. and it's amazing to see how these kids and these people that have heart defects and struggle on a daily basis to survive and deal with their condition leave very normal lives and still have great personalities, are very excited about everyday things. and i mean he is a perfect example of that. >> he is at every camp. he knows every camper personally. what an inspiration. what a great young man. the purpose that they are doing right here juniors serves families and children. it's really hard to imagine if you don't have a child with heart defects or have gone through numerous hospital visits taylor is proof that things
10:09 pm
happen for a reason. >> it's mazing. my mom told me the story over and over again about how when he was born he was told he wasn't going to live until his first birthday. he is still here with us today. >> i never remember my heart disease being a negative thing in my life because my mom has made it a positive thing. at 8 years old i start public speaking. that's when my shirt came off. it will be part of my life and will continue to be part of my life until my life is over. >> i would say probably the most important thing about camp is the fact that they interact with other children with similar heart defects and a lot of these kids felt so alone. they never knew anybody with heart defects. here there is a group like them. >> it's unbelievable. we find this camp taylor and they are like ten minutes from our home. we had no idea. we weren't involved in it before. >> i try to be as involved as i
10:10 pm
can with camp taylor. if i'm going to be involved with a charity i want to be able to give it a lot of my time and not just be someone that shows up here and there. >> things sometimes are meant to be. there isn't a day that goes by that i don't think of the boys. this does me as much good as it does the kids. >> when i go to camp taylor and see all the kids and all the thing that happen there it is amazing. all of it came out of just my mom having one idea to help change my life. and now it has changed the lives of countless people.
10:11 pm
10:12 pm
10:13 pm
camp lore is important to me because it's part of reason i'm where i'm at today because of the tragedy my parents went through two different times. it was the reason i was adopted by my family. i think camp taylor has changed my life and my family's life. it has given me a different outlook. when i first met with camp taylor and when i first went to a camp and saw the kids it was completely different than what i expected. i expected to see at love sick kids, a lot of kids that are in bed and just trying to survive. and camp taylor is a place that gives these kids an opportunity to really grow and thrive and lead normal lives and be around people that are going through the same thing and help them with those struggles that they might be going through on day to day life that no one else can really relate to.
10:14 pm
>> cole seine definitely a kid at heart. >> i see callin kaepernick at camp playing with the kids, letting them climb on him, throwing footballs in the pool that is him real. >> it's great to see a guy that's a celebrity hanging out with kids like that, like a regular joe. >> it is amazing to watch the children light up and feel his love whether he is playing games with him, whether he is doing crafts, whether he is throwing a football. he really cares about these families. >> on his days off he will like their stuff on instagram. continually shows them that he loves them. >> i love being around kids, especially the camp taylor kids. they have been amazing to me. and i think they have given me more than i can ever give them. it is a very humbling experience to be around kids that are really fighting for their lives on a day to day basis. but they are happy, they are excited to be at events, at camp, cher having a great time just enjoying each other's company. >> he just lets loose and he is
10:15 pm
himself. he is very much himself. he is not on his guard. they can say whatever they want to him. he really enjoys just having fun with the kids and letting them play with him as though he is one of them. >> the first year we were checking camp taylor out. comes in, goes and does crafts, listens to the heart education and then he gets in the pool and those kids are dragging on him. he dade dad it was really cool. i didn't ask one child about their scars and they didn't ask me about my tattoo. he said, i love these kids. >> for 15 years, camp taylor has been an oasis for kids who have shared their struggles with heart disease. the camp, like the gamino family who founded it has firmly dug its roots into the northern california ground. and by doing so it has found that it has flourished and grown like the incredible kids who call it home. >> it is amazing to see where
10:16 pm
camp taylor has gone from when i first started working with them to it's current time. >> we grew from one camp with 52 children to running nine programs. we are the leading provider of programs for children suffering from congenital heart disease in the united states. it's wonderful to get to reach so many children and to get to -- to help empower them with new found hope at catch. >> we've been able to help and touch more and more kids and families. and we want to continue to do that. >> i think the most important thing that the children walk away from our camp program experience with is that they are not alone in fighting the disease they are up against. >> kids said they loved camp because they didn't know other people were struggling with the same things they were. the gamino has really set up a charity and a foundation where these kids have that opportunity to be around kids and make life long friends. >> our family, basically, eats
10:17 pm
and drinks camp taylor. my wife is always thinking of how to make it better, how to give the kids a better experience. >> i don't believe that our family remembers life before camp taylor. it's been wonderful to raise your children in an environment where they could learn how important it is to give back. and to tep others. my own son taylor was born with half of a heart. and to see him endure hospital stays and struggles, really brings home the need to bring other children like that together. and so it started with my family. but it's about all the families that we service. >> families that are affected with heart disease i would tell them there is hope at camp taylor. this is something we have fostered over the years to help kids grow into strong adults who have heart disease and who are not afraid to share their scars or their stories.
10:18 pm
if you want children to have that same confidence we want to invite you to be a part with us.
10:19 pm
10:20 pm
10:21 pm
the very first time that collin came out to camp he sent out a tweet afterwards and he hashtaged it heart warriors. ever since then we used that hashtag, heart warriors. it's true. these kids are fighting a tough battle. the heart disease doesn't go away, doesn't go into remission. it is a part of their lives heart warriors are what they are, truly. >> the heart warriors has been going strong since 2002. started by the gamino family, the camp grows in popularity and serves more and more children. the gaminos have found additional outlets to help them in their campaign. parer inning with them on this noble cause, the kaepernick family led by nick and teresa
10:22 pm
know all too well about the costly impact of heart disease. rick and teresa lost two infant sons to heart disease born between their oldest son kyle and daughter devon lance passed away after two open heart surgeries at 23 days old. and kent died at just 4 days old. five years after devon was born, the kaepernicks still felt their family wasn't whole yet. they then decided to adopt newborn collin. never forgetting those infant members of their family, the kaepernicks joined forces with camp taylor and literally looked to tee up the foundation for success. ♪ >> very successful tournament. collin comes out. he is more than gracious with every attendee. golf course takes a picture with
10:23 pm
collin. if you bid the year before you might get to golf two holes with collin. he was out and about all day. spends a lot of time with our heart campers also. et cetera a fun. people come out and have annin enjoyable time. it's been incredibly successful. >> i love the golf tournament. people have a really good time. we try to make it different by having fun events and fun things going on while you are golfing. we are doing auctions during the dinner and even before the tournament. the biggest thing we try to do is always have the kids around. when people are supporting a charity or they are going to give a donation we want them to see directly whose lives they are affecting. i have had people who come up after and say you have really changed my outlook how i look at this charity and how can i help more and how can i do more to help these kids' lives to me that's amazing. >> i'm proud of him. touched that he chose to do this. but i think it is a wonderful
10:24 pm
thing for him and for the children. and for our whole family. i think it is a win-win for everybody. >> it is a family affair for us. our heart and souls are into it. we want to help any which way week. >> in any good business leaders need to rise, whether it's the corporate world, the sports world, or even the non-profit world. it all starts at the top. and that formula remains true for the gaminos and their leader kimberly. >> i'm in awe of kimberly that she has this tremendous amount of energy and she puts her whole heart and soul into and it the whole family follows her lead. >> kimberly is amazing. catch wouldn't be as successful as it is and wouldn't be around with it weren't for kimberly. she gives her whole heart to it. she gives everything she has to it and that's why camp taylor has grown and been hibla toibl help so many people and influenced so many people. >> kimberly is awesome.
10:25 pm
to have the camp taylor named after her son. i don't think anybody else would be able to do this. you talk about somebody who cares and cares about the children she is really good about that. >> my mother, through camp taylor has taught me a new meaning of commitment. >> the commitment that kimberly and the gaminos showcase every day carries over into their faithfulness. as life long supporters of the 49ers their amazing efforts have been met with the great fortune of working alongside a player who just happens to wear the red and gold.
10:26 pm
hey guys. i called you all in because i just had an idea. brunch. allday, every day. brunch? that's great! where'd you get that idea? well... sweetie? you know what we're craving right now? crispy chicken, and fried egg, with bacon. like brunch. brunch? but it's 8pm and it's tuesday. huh, i wonder if my mother would like to stay with us... should we get started? who wants coffee? introducing my new brunchfast menu. with tasty options like my brunch burger and a crispy bacon and egg chicken sandwich. served all day, every day. only at jack in the box.
10:27 pm
10:28 pm
our make a wish guest for this week is audrey rose walker whose wish is to sing the national anthem at levi stadium the home of her favorite team. we started her wish visit off with a tour of levi stadium. >> that's the hall of fame sign. >> oh, jerry rice. >> for my daughter, audrey is grind and has severe heart disease. i'm hoping that she has fun and has a very memorable experience. >> when most kids are out playing sports, going to lunch and recess and stuff she doesn't get to participate in that. in the classroom she doesn't get to see anything on the wall. affirmation doesn't happen very
10:29 pm
often for her. she just met a couple of the 49ers and they have embraced her incredibly. >> i like this, collin kaepernick. >> you like being up high? >> yeah, but i want to go down now. >> okay. >> her memory is so good that when she thinks back on happy things and she needs to dig deep when things are tough she thinks about the people who have been nice to her. and the 49ers organization has been nice to audrey unbelievably. >> we finished up the day with inviting her to sing the national anthem on the 50 yard line of our home here at levi stadium and we invited our 49ers office staff to come out and cheer her on. >> oh, yeah, now i hear it. hello, everyone, my name is audrey and i will be singing the national anthem today. >> at the ends of her singing the national anthem she was just incredible. so we surprised her and invited her to sing the national anthem.
10:30 pm
>> what do you think about singing the anthem on sunday at our game bens the cowboys? >> i think it's great. >> throughout her visit here at the niners, audrey rose has just been full of energy. >> i'm going to put the pack on your belt. >> great sense of humor. everyone she passes in the hallway she is waving and saying hi to. it has been great to welcome her to the 49ers family. >> hello, yeah. go niners! >> woo! >> we down played the 70,000 people and the worldwide television audience because we don't want her to get upset before she goes out there but she knows that the play remembers going to be on the sidelines watching her sing. >> and performing our national anthem for you today, miss audrey rose a talented 9-year-old singer who was born without eyes and a congenital heart defect.
10:31 pm
please join me in welcoming audrey rosas she makes her nfl debut. ♪ ♪ oh, say can you see ♪ by the down's early light ♪ oh, say does that star spangled banner yet wave ♪ ♪ o' er the land of the free and the home of the brave ♪ >> ladies and gentlemen, audrey rose.
10:32 pm
this make a wish year at the 49ers stadium stakes on monumental significance in her versus what a sighted child would have. so we can thank the 49ers or the make a wish organization enough. there is nothing we could say or do that would thank them enough for this opportunity for her. in the home. >> reporter: this close friend said jane's fear reminded her of another vulnerable creature. >> jane looked like a scared cat, constantly doing like a twitch looking over her shoulder, kind of looking to see if somebody is behind her. >> reporter: and this from jane's former co-worker. >> he was very aggressive. he was very demanding, and when he said jump, she would go how high.
10:33 pm
>> reporter: how strange it was, she thought, that jane always wore long sleeves, even when it was hot outside. but more disturbing -- >> there were times when she would come in and i noticed on her face it looked swollen. and she would never comment how it happened. >> there were several times that i saw bruising on her. one time on her face, her arms, her legs, several places. >> reporter: he's a monster, just a monster. >> reporter: ron bamieh is jane's defense attorney. according to him, dave is far from the hometown hero so many believed him to be. the truth about dave laut, he said, for nearly three decades he subjected his wife to horrific abuse. >> like all abuse, it is power and control.
10:34 pm
we have verbal abuse, the names he called her over a long period of time. we have emotional abuse. we have physical abuse, that's everything from the punching to the kicking to the hitting to the slapping. >> reporter: jane wasn't the only victim, said bamieh. dave was angry that his adopted son michael was not athletic. >> neighbors heard him call racial names to michael that are just horrible. he was yelling in the street about how he can't ride a bike or catch a football. >> reporter: jane was afraid, so she covered up his abuse and her injuries. we obtained this summary from a police report in the 1980s in which jane reported an intruder attacked her while she was alone at work. at the time, police found injuries consistent with her story. in fact, said bamieh, dave inflicted those injuries and then ordered jane to lie and
10:35 pm
blame a nonexistent intruder, a pattern of covering up dave's abuse, abuse which by the summer of 2009 was getting worse. >> by june of '09 to august of '09, it was escalating. >> reporter: until that particular august night when something changed. that night, according to bamieh, for the first time dave threatened michael's life. >> she really believed that he was going to kill michael. so she made the decision to fight. >> reporter: jane had taken michael to the beach that day, said bamieh. they were late getting home. >> dave was upset. starting screaming nobody respects me. i don't get any attention around here. nobody cares about me. >> reporter: jane put michael to bed. got into pajamas herself and waited for dave's anger to subside. >> but he wasn't calming down. about 10:30 or 11:00, he comes
10:36 pm
out of the room and he's upset and angry. >> reporter: and that's when she saw the gun, says bamieh. >> he's holding it and he starts talking about michael. they do't respect him. he's going to blow his effing head off. she kind of crawls backwards with her hands, crab walk to the back door. somehow she gets him off the patio. calm down, dave, calm down. >> reporter: out in the darkness, dave stumbled on the patio. >> he loses his balance and that's her opportunity. it was a struggle for the gun. the gun goes off. then she eventually gets the gun and she empties it. >> reporter: and then she said, she ran back into the house, put the gun inside the grandfather clock, and called 911. >> she had no idea that he's dead. she thinks he's getting up. women in these relationships
10:37 pm
have these superman complexes. >> reporter: she lied about the prowler, but did it almost automatically as a conditioned response to his abuse. once police discovered jane's lie, their minds were made up that she was a cold, calculating killer. so when police found those clothes shoved in the laundry room, they believe it must have been jane's attempt to hide evidence, but those clothes only had a tiny fragment of gunshot residue. police never bothered to test the pajamas she was wearing when they showed up and the pajamas were covered in gunshot residue, proving that jane was wearing the pajamas when jane shot the gun. so it all supports her story? >> it does. >> reporter: as for the claim that jane jumped up to walk her hands before the test? that never happened. that was just the police
10:38 pm
covering up a major mistake. >> a cop lost the gsr test. they searched for it and couldn't find it. >> reporter: he said investigators just plain got it wrong. once they concluded she was a murderer, he said, they distorted the evidence to fit their story. >> the bullet went about a 90 degree angle and hit the wall and deposited scalp matter on the trash can. >> reporter: you're saying it is physically impossible? >> yes, it is ludicrous. it violated the laws of physics. >> reporter: and he said the dna on the gun was dave's supporting jane's contention that he had the gun and they struggled for it. >> his dna is on the trigger. >> reporter: one more thing, one more bit of evidence that the police missed, even though it was right under their noses. bruising under jane's left arm.
10:39 pm
photographed the morning after dave was killed. >> if you look at the bruise closely, you'll see basically there's a little handprint. a hand shaped bruise that helps prove, said bamieh, this wasn't murder. it was self-defense. >> you're fighting for your life reasonably, i think you have to reasonably conclude if you're fighting for a gun, you have to use lethal force. >> reporter: now looking back, said jane's childhood friend, things began to make sense. >> we saw her less and less. >> reporter: more than two decades passed. helen had a long career as a social worker and gradually lost touch with jane. >> i would always send her christmas cards and say call me, whatever. and i would never hear from her. >> reporter: and then helen heard about dave's death. >> everybody was pointing to jane, and like a lightbulb went off. and i'm like, oh, my god, she
10:40 pm
was a battered wife and you didn't get it. you didn't see it. >> reporter: but the very idea that jane was an abused spouse, that she killed dave in self-defense, absolutely ludicrous said the lauts. and an outrageous allegation about dave. >> i know my brother. he's just a good man. he'd give you the shirt off his back. that's just the way he was. >> reporter: can you see him losing his temper at the woman he is married to and abusing and hitting her? >> no. >> never. >> no. >> reporter: no, said the lauts. no, said the police. besides they said maybe jane had quite another motive for killing dave laut, a financial one. >> coming up, borrowed money. >> thousands and thousands of dollars. >> reporter: and even more money if dave was dead. >> sometimes she would say
10:41 pm
things like i would be better off if dave wasn't around. >> when "dateline" continues.
10:42 pm
10:43 pm
10:44 pm
- it only takes one genius to change a light bulb--you! led bulbs use 85% less energy and last a long time, saving you up to $100 over each bulb's lifetime. so change yours today. olympic glory does not always translate well. in fact, said detectives, as they sifted through dave and jane's financial records they found evidence they were struggling.
10:45 pm
>> the laut's finances, they were living beyond their means. poor management of the bills it didn't happen just before the shooting. this had been going on for years and years and years. >> reporter: after dave was killed, said don and rebecca, they found out jane had been borrowing money from their mother-in-law. >> there were different excuses why she needed money. >> reporter: to pay mortgages and debts? >> mortgages, doctor bills, tuition, school supplies. >> reporter: how much money are you talking about here? >> it was thousands and thousands of dollars. it was a lot. >> reporter: and when they found out dave had three life insurance policies -- >> i believe we totalled it all up, and i think it came to $300,000, $350,000.
10:46 pm
somewhere in that neighborhood that she was likely to see if a prowler had done this. >> reporter: was there ever indication she was capable of violent acts or the sort of person that could be violent? >> yeah. >> she said some things to me and i dismissed them because i maybe didn't want to believe that she was capable, but sometimes she would say things like, i'd be better off if dave wasn't around. >> reporter: meanwhile justice crawls. a year passed, then two, three, four. jane remained free on bond and dave's niece megan fumed. >> she caused my family so much pain and it's horrible. it's just -- i hate it. >> reporter: nephews aaron and cody took it out on the garage weight room. >> i have a way of bottling it and condensing it. i get it out when i lift. >> you get your adrenaline
10:47 pm
going. >> reporter: in september of 2013, don laut pleaded with a judge to get the case before the jury. >> there's family and friends behind my brother and it's been four years. and it's been very difficult. >> reporter: and then in january 2015, more than five years after dave's death, in a move that shocked jane's veteran defense attorney, the prosecution indicated it would be open to making a deal. >> and i was blown away. >> reporter: a plea deal? and what a deal it was, said bamieh. if jane pleaded guilty to voluntary manslaughter, she would be sentenced to six years and would most likely serve only three. seemed like an admission of weakness of the prosecution, said bamieh.
10:48 pm
and the opportunity of a lifetime for a woman facing 50 to life. and so -- >> i gave her my strong recommendation that she take it and she said no. i was just like -- i was stunned. i said, jane, i kept saying you understand. she was i understand and she said i have to fight for this. >> reporter: mind you by then jane had some powerful moral support from her friend helen. >> she rose that night. she didn't fall. she rose that night and became a very strong, powerful woman and defended the life of her son. >> reporter: and then at last in january of 2016, jane laut went on trial for murder. her friend helen sitting right behind her. >> do you think she'll go to jail? >> i don't.
10:49 pm
>> reporter: really? >> i don't. i absolutely do not. >> reporter: you believe the jury will believe her story? >> i do. >> reporter: and see it as a case of self-defense? >> i do. i believe that. i believe that. >> i sincerely believe her and i don't say that about many people. i sincerely believe her. >> reporter: do you usually get this personally invested in a case? >> i am always invested in my cases, yes. but do i care as much about clients than i do about jane laut? i would be lying if i said i did. >> reporter: could he persuade a jury to believe in jane too? >> coming up, jane takes the stand. >> we're shooting for not guilty. >> a gun takes center stage and the verdict. >> we the jury find the defendant -- area as the storm begs to moout.
10:50 pm
10:51 pm
forecast. your updated ===vo=== reports of an ficer involveshoo ===close=== earned.. next on nbc bay area news
10:52 pm
10:53 pm
10:54 pm
dave laut was a son. he was a father. he was a colleague. he was a friend. >> reporter: more than six years after the death of olympic bronze medallist, dave laut, the murder trial of his wife jane began in this ventura courtroom. the prosecutor told the jury jane was a calculating killer. >> if you look at each of the six shots, they were administered by this defendant as she was executing her plan to murder her husband. there is only one reasonable conclusion which is to find the defendant guilty of murder. >> i'm about to talk to you for quite some time. >> reporter: defense ron bamieh countered the real victim was jane laut who suffered the utmost cruelty at the hands of her husband. >> he is not the hero of the olympics. he's the monster that abused her for 27 years.
10:55 pm
>> reporter: the defense called family and friends and neighbors that all testified that jane was an abused spouse, but attorney bamieh said the most important witness was the defendant herself. >> she has to testify. >> reporter: the judge would not allow cameras to roll when for the first time publicly through tears jane told her story. she said she took dave's abuse for nearly three decades until the night he threatened their son. >> she could live with the fact that he could kill her. she could not live the fact that he would kill michael. >> reporter: on the stand, jane admitted that she lied in her 911 call. and later to the police about a prowler. but she denied she had any financial motive for killing her husband. after all she did not ask for, nor did she receive, a penny of dave's life insurance.
10:56 pm
>> jane would never be about finances. absolutely not. >> reporter: why do you say that? >> because that's not her values. jane is about relationship. she's about family. she's about children. it's never been about money for her. >> reporter: of course, the prosecutor got his turn to cross-examine jane. there were a lot of i don't remembers about the night of the murder. but she did in fact remember she was familiar with the gun. had used it several times before. >> it required her to pull back that hammer and fire, pull back the hammer fire, each and every time these six times as she aimed that weapon at her husband and shot him.
10:57 pm
>> reporter: like this, said the prosecutor, as he played a video of a woman firing that very gun. but said the defense attorney that's not the only way to fire the gun. >> if you hold the trigger down, you can pull the hammer back and fire. >> reporter: this is called fanning the gun, sort of thing you'd expect to see in an old western. but a prosecution expert countered the movie is the only place you'd ever see that. >> every expert that came up said that is absurd. the accuracy of firing a gun six times and hitting your target six times in the dark is astronomical. >> reporter: after seven weeks of testimony, final arguments for both sides. defense attorney bamieh made an impassioned plea to the jury. >> why would jane laut do this? why would she do this?
10:58 pm
when you think about it, there's only one real reason, only one. what anybody would do to protect their child, anyone. >> you do not have the right to kill your husband -- >> reporter: while the prosecutor urged the jury to look past the emotion and focus on the evidence. >> the defense testimony is untruthful. it is unbelievable. it is a story conjured up to raise her battered woman self-defense claim in a murder case and it's a lie. >> reporter: the jury deliberated for three and one half days. then finally march 30, 2016 announced they were ready. jane, supported by helen and other friends who stood by her all along, walked to the courthouse and waited there. >> there appears to be an order, so i will read the verdict. we the jury in the above entitled action find the
10:59 pm
defendant jane laut guilty of the crime of first-degree murder. >> reporter: guilty of first-degree murder, a shock ran through the room. ron bamieh looked distraught. and jane comforted him. the woman who flat turned down a deal to do six years for voluntary manslaughter now faces the possibility of life in prison. it was a victory for dave's family. yes. but not one to celebrate. >> our faith calls us to forgive and we do. we forgive her. >> reporter: but forget? no, not the lauts. not their superman. >> it's very difficult. i miss him every day. i miss him every day. i think i'll always grieve. i know i'm going to always miss him. he's always a part of me, but it's hard. >> that's all for now. i'm lester holt. thanks for joining us. ==peggy/v=
11:00 pm
rht noat 11 -we're under a micr. a series of storms -- mping area all weekend. bay we are under a microclimate weather alert. a series of storms dumping heavy rain on the bay area all weekend long. where the problems are tonight. the news at 11:00 starts now. good evening. thank you for joining us. i'm peggy bunker. >> i'm terry mcsweeney. the weather in a moment but first breaking nout news out of valet hoe. a possible officer-involved shooting. shot by a witness moments after the shooting at 9:00 tonight. it happened on sheridan and magazine streets. witnesses say police were inside of a starbucks when a group of people walked in. moments later, they came running out and shots


info Stream Only

Uploaded by TV Archive on